Hicons Developers Private Limited vs Chistiya Manzil Co-Operative Housing ...
2024 Latest Caselaw 205 Bom

Bombay High Court

Hicons Developers Private Limited vs Chistiya Manzil Co-Operative Housing ... on 4 January, 2024

Author: R.I. Chagla

Bench: R.I. Chagla

                                                               29-ia--35325-2023.doc

jsn
                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       ORDINARY ORIGINAL CIVIL JURISDICTION
                      INTERIM APPLICATION (L) NO.35325 OF 2023
                                            IN
                     COM EXECUTION APPLICATION NO.31 OF 2023

       Rensar Infra Pvt. Ltd. & Anr.                         ...Applicants /
                                                             Judg Debtors
             In the matter between
       Chistiya Manzil CHS Ltd.                              ...Judg Creditors

               Versus

       Hicons Developers Pvt. Ltd. & Anr.                    ...Respondents
                                      ----------
       Mr. Rahul Sarda with Mr. Ishwar Nankani, Mr. Huzefa Khokhawala
       with Mr. Kunal Naik i/b. M/s. Nankani and Associates for the
       Applicants / Judg. Creditors.
       Mr. Karl Tamboly, Mr. Priyank Kapadia, Mr. Vaibhav Warekar, Ms
       Vishalakshi Singh and Ms. Zenia Irani i/b. M Mulla Associates for the
       Respondents / Judgment Debtors.
                                         ----------

                                         CORAM : R.I. CHAGLA J.
                                         DATE  : 4TH JANUARY, 2024.
       ORDER :

1. By this Interim Application, the Applicants / Judgment

Debtors have sought recall of the warrant of attachment dated 28th

July, 2023 directing the attachment of immovable properites

belonging to the Applicants herein bearing Flat No.1101, 11th Floor

situated at Chistiya Palance, 4, Motibai Street Agripada, Mumbai 400

29-ia--35325-2023.doc

011 admeasuring 1602.43 sq.ft (RERA Carpet Area) and Flat

No.2001, 20th Floor situated at Chistiya Palance, 4, Motilibai Street,

Agripada, Mumbai 400 011 admeasuring 1558.95 Sq.ft. (usable

Area).

2. Mr. Rahul Sarda, the learned Counsel appearing for the

Judgment Creditor has sought time to file Affidavit in Reply to the

Interim Application.

3. Mr. Karl Tamboly, the learned Counsel appearing for the

Applicant / Judgment Debtor has referred to the communication

addressed by the Commissioner for Taking Accounts dated 10th

November, 2023 by which the Applicants / Judgment Debtors have

been directed to attend the office of the Commissioner of Taking

Accounts on 8th January, 2024 and to produce all title deeds and

documents in their possession or power relating to the subject flats.

This direction is pursuant to the Warrant of Sale dated 19th October,

2023 by which the Sheriff is to sell the subject flats.

4. Mr. Tamboly has submitted that in the event time is

being granted to the Judgment Creditors to file Affidavit in Reply to

the Interim Application, the Commissioner for Taking Accounts is

29-ia--35325-2023.doc

required to be restrained from taking further steps pursuant to

warrant of sale dated 10th October, 2023, particularly considering

the relief sought for in the present Interim Application filed by the

Applicants / Judgment Debtors.

5. Having considered the submissions as well as request for

time sought for by the Judgment Creditors, the time is granted to the

Judgment Creditors for filing Affidavit in Reply which shall be filed

within a period of three weeks from today.

6. The Applicants / Judgment Debtors are at liberty to file

Affidavit in Rejoinder thereto within a period of two weeks thereafter.

7. Till the next date, the Commissioner for Taking Accounts

shall not take any further steps pursuant to the warrant of sale dated

19th October, 2023 issued by this Court by which the Sheriff has

been directed to sell the subject flats, more particularly mentioned in

prayer Clause (a) of the Interim Application.

8. Interim Application shall be placed on 20th February,

2024, high on board.

[ R.I. CHAGLA J. ]